KELU CHARAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the confirming judgment passed by the learned Additional Sessions Judge-cum-Special Judge, Bhubaneswar in Criminal Appeal No. 52 of 1993, wherein he confirmed the conviction recorded by the learned J.M.F.C., Bhubaneswar in G.R. Case No. 2514 of 1998 convicting the present petitioner for the offence under Sections 354 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C." for brevity).

(2.) The case of the prosecution was that on 01.10.1988 at about 9.00 A.M., the present petitioner Kelu Charan Behera along with other co-accused persons, who have since been acquitted by the learned J.M.F.C., assaulted the informant with the intention to outrage her modesty and due to such assault, she sustained injuries on her nipple, neck and other parts of her body. That night she went to the house of Sapani Mallik, the Grama Rakhi and narrated about the incident. She took shelter in his house for that night. On the next day, she lodged a report before the Inspector in Charge of Bhubaneswar Police Station on the basis of which Bhubaneswar P.S. Case No. 23 of 1988 was registered and the S.I. of Police took up investigation of the case and submitted charge-sheet against the present petitioner and three others.

(3.) The present petitioner challenged his conviction before the Additional Sessions Judge-cum-Special Judge, Bhubaneswar. The Addl. Sessions Judge as per his judgment dated 07.06.1996 in Criminal Appeal No. 52 of 1993 upheld the findings recorded by the learned trial Court and dismissed the appeal with a modification of sentence. Learned Addl. Sessions Judge reduced the substantive imprisonment for the offence under Section 354, I.P.C. to undergo rigorous imprisonment for three months but did not disturb the imposition of fine of Rs. 500/-, in default to undergo simple imprisonment for one month more. So far as the offence under Section 323, I.P.C. is concerned, learned Addl. Sessions Judge modified the sentence and directed the petitioner to pay a fine of Rs. 500/-only thereby setting aside the sentence of imprisonment for the offence under Section 323, I.P.C. Such confirming judgment with modification of sentence is challenged in this Revision.